OFFICE OF BEHAVIORAL HEALTH ADVOCACY (OBHA)

The purpose of this chapter is to implement the behavioral health consumer advocacy program under the authority of the department of commerce as provided for in chapter 71.40 RCW. The office of behavioral health consumer advocacy (OBHA) promotes the interests, rights, and well-being of individuals receiving behavioral health services and addresses systemic issues affecting access to quality care for privately and publicly funded behavioral health services (including, without limitation, inpatient behavioral health services).

(1) "Behavioral health provider or facility" includes:

(a) Behavioral health provider as defined in RCW 71.24.025;

(b) Licensed or certified behavioral health agency as defined in RCW 71.24.025;

(c) Long-term care facility as defined in RCW 43.190.020 that serves individuals with behavioral health conditions;

(d) State hospital as defined in RCW 72.23.010;

(e) Facilities or agencies receiving state funds to provide behavioral health treatment services to individuals with behavioral health conditions.

(2) "Department" means the department of commerce.

(3) "Office" or "OBHA" means the state office of behavioral health consumer advocacy.

(4) "Behavioral health consumer advocate" means individuals certified and authorized to provide behavioral health advocacy services as defined under this chapter.

(5) "Complaint" means a formal statement of dissatisfaction or concern made by an individual about a behavioral health provider or facility.

(6) "Appeal" means a request to review a decision or action involving a behavioral health provider or facility. This is submitted when an individual disagrees with a previous decision or resolution involving a behavioral health provider or facility.

(7) "Grievance" means a written complaint regarding a specific issue or concern about a behavioral health provider or facility, requiring further investigation or action by the office.

(8) "Administrative hearings" means formal legal proceedings where dispute(s) about a behavioral health provider or facility, including grievances, complaints, and appeals, are resolved by an impartial party or administrative law judge in line with state and federal rules.

(9) "Contracting advocacy organization" refers to the nonprofit organization selected by the department to operate the office.

(1) Establishment: The department shall establish the office to serve as an independent advocacy body for individuals receiving behavioral health services from a behavioral health provider or facility.

(2) Contracting advocacy organization:

(a) The department shall select a nonprofit organization through a competitive bidding process to operate the office.

(b) The contracting advocacy organization must demonstrate financial stability, qualifications for the duties identified, and the absence of conflicts of interest.

(c) The department shall encourage individuals with lived experience in behavioral health or family members of such individuals to apply.

(3) Duties of the office: The office shall:

(a) Establish certification standards for behavioral health consumer advocates.

(b) Create procedures for access by behavioral health consumer advocates to behavioral health provider or facility, consistent with chapter 202, Laws of 2021, codified as chapter 71.40 RCW.

(c) Implement confidentiality procedures and protections for records and communications of patients, residents, clients, behavioral health provider or facility, and complainants as outlined in RCW 71.40.140.

The office shall:

(1) Coordinate behavioral health consumer advocacy services statewide to ensure equitable access for individuals receiving behavioral health services from a behavioral health provider or facility.

(2) Adopt certification standards for behavioral health consumer advocates.

(3) Adopt training standards for appropriate access by behavioral health consumer advocates to behavioral health provider or facility.

(4) Establish a toll-free telephone number, website, and other appropriate technology to facilitate access to contracting advocacy organization services for patients, residents, and clients of behavioral health provider or facility.

(5) Investigate and resolve complaints related to services from a behavioral health provider or facility.

(6) Track and analyze behavioral health consumer advocacy metrics, including complaint trends, resolution rates, conditions for identifying and resolving significant problems, and systemic issues.

(7) Monitor and recommend improvements to laws, rules, regulations, and policies regarding behavioral health services in the state.

(8) Develop and deliver educational programs to patients, residents, clients, and families of the behavioral health provider or facility, including the topics described in RCW 71.40.040.

(9) Submit annual reports to the department detailing systemic barriers, policy recommendations, and programmatic improvements.

(10) Establish a statewide advisory council, where most of the council has lived experience in accordance with the requirements set forth in RCW 71.40.040 (7)(a) through (d).

(11) Ensure compliance with state and federal confidentiality laws in all operations.

(1) Behavioral health consumer advocates shall:

(a) Assist individuals with complaints, grievances, appeals, and administrative hearings.

(b) Provide behavioral health advocacy services while adhering to confidentiality and conflicts of interest requirements.

(c) Collaborate with individuals and their families to address barriers to accessing behavioral health services at the behavioral health provider or facility.

(d) Advocates must maintain neutrality and ensure that services are provided without bias or conflicts of interest.

(2) Certification requirements:

(a) Behavioral health consumer advocates must complete training and certification programs established by the office.

(b) Behavioral health consumer advocates must participate in continuing education programs established by the office to maintain certification.

(1) Behavioral health consumer advocates shall have access to the behavioral health provider or facility as necessary for complaint and grievance resolution and advocacy purposes.

(2) Behavioral health consumer advocates may access patient records with explicit patient consent or as legally permitted and must adhere to strict confidentiality standards.

(1) The office shall establish working agreements with the department of social and health services (DSHS) and other state agencies to improve coordination and address systemic issues in behavioral health.

(2) The office shall collaborate with the behavioral health provider or facility to improve advocacy outcomes and reduce barriers to care.

(1) The office shall develop procedures for the review and resolution of complaints and grievances related to behavioral health consumer advocacy services.

(2) Complaints and grievances must be addressed promptly, and outcomes recorded in the office's tracking system.

(3) Systemic issues identified through complaints and grievances shall be included in the office's annual report to the department.

(1) Certain records, communications, and files maintained by the office are confidential pursuant to RCW 71.40.120 and 71.40.140, but are public records subject to chapter 42.56 RCW (Public Records Act) and record retention laws.

(2) Records, communications, and files will remain confidential as may be allowed under chapter 71.40 RCW.

Certified behavioral health consumer advocates and the contracting advocacy organization shall not be held liable for good-faith performance of their duties under this chapter.